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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi My sons friend came to the UK aged 7 and has been in the

Resolved Question:

Hi
My son's friend came to the UK aged 7 and has been in the UK ever since, he is now 19. His parents came here on Portugese passports and he came on a Brazillian passport. He has passed a test for habitual recidency and has a national insurance number. However, when it comes to things like applying for his provisional driving licence he was refused. He is no longer living with his parents and he wants to get British Citizenship. What is the best way forward for him and do you think he would be able to get British Citizenship. He went to Primary school, secondary school and 2 years of college in the uk
I look forward to hearing from you shortly
Submitted: 3 years ago.
Category: UK Law
Expert:  Thomas replied 3 years ago.

Hi,

 

Does he have a stamp in his passport and what does this say?

 

Kind regards,


Tom

Customer: replied 3 years ago.
He originally came on a tourist visa but this ran out a long time ago
Expert:  Thomas replied 3 years ago.

Is there nothing else in the passport apart from that?

 

Tom

Customer: replied 3 years ago.
I just spoke to him and he said it was just tourist visa and that he has had nothing else stamped on it. I believe he may have renewed his Brazillian passport which would have nothing on it at all.
Customer: replied 3 years ago.
He has proof that he went to schools in London from the age of 7 years old and that he has not been out of the UK since he arrived here
Expert:  Thomas replied 3 years ago.

Ok.

 

Are his parents Portuguese by birth?

 

Why did he not receive a Portuguese passport?


Tom

Customer: replied 3 years ago.

mother was naturalised as portuguese citizen and he thinks his dad has portuguese residency. However both parents were born in Brazil.

He is currently trying to get a Portugues passport as his parents did not try to organise this when he was a child. The process for this has been going on for 2 to 3 years but he has not heard from them for a while. His mother only got her Portuguese passport a few years ago

Expert:  Thomas replied 3 years ago.

It's quite complicated obviously.

 

Because he is a Brazilian national over 18 and he came here on a tourist visa his stay in this country is probably technically illegal. In order to apply for indefinite leave to remain (which he needs before applying for naturalisation as UK citizen) on the basis of long residency he would need to have 14 years in this country. If his stay was legal then he would only need 10 years.


However, he is still classed as "family" for the purpose of EEA rules as he is under 21 and the son of EEA nationals if they have Portuguese passports. This means that he will probably be able to make an application for a residence card as the non-eea family member of EEA national exercising treaty rights here:-

http://www.ukba.homeoffice.gov.uk/eucitizens/applyingundereuropeanlaw/

 

He should do this by applying using form EEA2 which is available for download on the above link. The difficulty is that they may view that he is making the application whilst he has an unlawful stay in the UK, which they are entitled to take in to consideration. For this reason I would strongly advise that he asks an immigration solicitor to prepare and make the application on his behalf to make sure that his very particular circumstances are adequately conveyed to the UKBA.

 

Once he has been on the residence card for 5 years he can apply for permanent residence in the UK and thereafter naturalisation as a UK citizen. His obtaining a residence care should get around the problem with his refusals though.


If this is useful please kindly click accept so that I may be rewarded for my time. You will be free to ask follow up questions.

Kind regards,


Tom

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6648
Experience: BA (Hons), PgDip, Practising Solicitor
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